The reformed criminal provision required no medical or police reports, technical or judicial certification or authorization, only a form to be filled out by the pregnant woman indicating the reason why she requested an abortion. Press reports indicate that poverty was discussed and then ruled out as a potential ground for legal abortion. Notably, the statute included two social grounds for legal abortion: having existing caregiving duties to an elder or child, or being a student. Article 157 also defined the health exception broadly as one where an abortion may be performed “to prevent present or future risk to the integral health of the pregnant woman”. being a minor, as an exculpatory ground for abortion, was unprecedented in the region.
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The code generally maintained penalties for induced abortion, but added new grounds for age, foetal disabilities incompatible with life, and IVF error. It contained previously unheard of grounds based on a pregnant woman or teen’s social condition. The new abortion provision, Article 157, was apparently drafted by a coalition of abortion rights advocacy organizations and providers. The nation’s criminal statute had been amended to contain eight different grounds for abortion, by far the largest number of legal grounds for abortion in any Latin American or Caribbean country.
Latin America’s broadest decriminalization of abortion was passed in Bolivia in December 2017, but was recently abolished by the Legislative Assembly on January 24, less than two months later, upon President Evo Morales’s request.
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